White Paper

22 Pages
  • 22 Pages

Trade Secret Identification and Misappropriation


Are you sure the information is a trade secret?

Courts have held that trade secrets may include such diverse information as pricing and bidding formulas, feasibility forecasts, product designs, financial data, contract bids, internal marketing profiles, and other methods and systems used by the trade secret owner. In other words, virtually anything can be a trade secret if it meets the statutory or common law definition. This white paper reviews how to determine if information qualifies as a trade secret and if misappropriation occurred.



Kenneth P. Carlson, Jr.

Kenneth P. Carlson, Jr.

Constangy Brooks, Smith & Prophete LLP

  • Partner with Constangy, Brooks, Smith & Prophete, LLP in Winston-Salem, North Carolina
  • Practice primarily involves employment law and litigation, trade secret and unfair competition law and litigation, drafting employment and non-competition agreements, FLSA and wage/hour issues, serving as a mediator for cases in those areas of law
  • Consistently named to North Carolina Super Lawyers and Business North Carolina’s annual Legal Elite for employment law or alternative dispute resolution; named to North Carolina Lawyers Weekly 2023 “Power List” for employment lawyers
  • Consistently listed in Best Lawyers in America for employment law, trade secret law, or alternative dispute resolution, including various “Lawyer of the Year” designations
  • Certified mediator with an emphasis on mediating employment-related disputes, covenants not to compete and trade secret issues, FLSA and wage/hour issues, and ERISA denial of benefits cases
  • Adjunct professor at Wake Forest University School of Law, including courses on Trade Secrets & Unfair Competition, and Negotiation
  • J.D. degree, Wake Forest University School of Law; M.Div. degree, Yale University; B.A. degree, University of North Carolina at Chapel Hill
  • Can be contacted at [email protected] or 336-721-684

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